Covenant Regarding Real Property 2004-0147269DOC *2004-Q147269
REC61RDING REQUEST BY ) FEB 25 , 2004 & - - 23 AM
CITY OF POWAY ) OFFICIAL RECORDS
WHEN RECORDED MAIL T0: ) SM DIED CO(�4TY RECORDER`S OFFICE
6R1W J. SHITH9 (CITY RECORDER
CITY CLERK )
FEB: 32.E
CITY OF POWAY ) �{� f ffff Igo' ��gg f
POWAY A 92074 - 0789 ) I ( 11I pill I H pill 11 I��� II�IN �IIil lilt �� F
.
_ 4 -a � r
-{
No Transfer Tax Due
) (This space for Recorder's Use)
APN: 278 - 180 -72
\ COVENANT REGARDING REAL PROPERTY
Arnold S. Kremer and Jan H. Kremer, Husband and Wife'as Joint Tenants, PROPERTY OWNER
(" OWNER" hereinafter), is the owner of real property CPROPERTY" hereinafter), which is commonly
known as Assessor's Parcel Number 278- 180 -72 and more particularly described in Exhibit A.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 03 -08, a request to allow
the installation of a seatainer as a storage unit on PROPERTY, by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that MCUP 03 -08 expires or is rescinded by City Council at the request of
OWNER, CITY shall expunge this Covenant from the record title of PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall
be entitled to full reimbursement of all costs, including reasonable attor ys' fees, from the other
party.
OWNER:
7i > /
Dated: > By:
Arnold S Kre r (Notad2e)
OWNER:
Dated Z l o B
n H. Kremer (Notaria3)
CITY OF POWAY
Dated: January 28, 20Q4 _ By: M
Niall Fritz, Director of Dev4Lconent Services
M:\ planning\03n;port\mcup\mcup03 -08 kremer reftovenant.doc
me P 03-M r) to -5c7
- 1005
CALIFORNIA ALL- PURPOS ACKNOWLEDGMENT No. 5907
2
TITfEjOF OFFICER - JqG., "JANE DOE, NOTARY FAJBI-
personally ap ;,ard ,
NAME&F SIGNE
❑ personally known to me OR - Xproved t me on the basis of satisfactory evidence
to a the person®s whose names ik re
subscribed to the within Instrument and ac-
knowledged to me that l6eei executed
the same in N /hef/ aut horized
_ commission# 1394358 [ capacity( es and that by lyWw/ eir
Nokr
y Pubpc - caMomia
Son signature(Ls) on th instrument the person ,
MVCMM-EVM*n20.2W7j or the ntity upon behalf of which the
person s acted, executed the instrument.
ITNESS my h d and o icial seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
)K CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE ENT
INDIVIDUAL
❑ CORPORATE OFFICER r
TITLE(S)
PARTNER(S) ❑ LIMITED
GENERAL
TITLE OR TY JO DOC T
❑ ATTORNEY -IN -FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER: � „ a
❑ , X�j T
SIGNER IS REPRESENTING:
NAME OF'PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
1
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184
EXHIBIT ,All
PARCEL A:
PARCEL 3 OF PARCEL MAP NO. 11254, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 30, 1981 AS FILE NO. 81- 133414 OF OFFICIAL RECORDS.
RESERVING THEREFROM IN FAVOR OF THE GRANTOR AN EASEMENT AND RIGHT OF WAY FOR
INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO
ELECTRIC 'POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND
APPURTENANCES- THERETO, OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS
DELINEATED AND DESIGNATED' AS "PROPOSED 30 FOOT PRIVATE ROAD EASEMENT" AND
"EXISTING IRREVOCABLE OFFER OF DEDICATION" AS SHOWN ON SAID PARCEL MAP.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY
PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER,
SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER, UNDER,
ALONG AND ACROSS THOSE PORTIONS OF PARCEL .2 OF PARCEL MAP NO. 11254, IN THE CITY
OF POWAY; COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE .OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 30, 1981 AS FILE NO. 81- 133414 OF
OFFICIAL RECORDS, DELINEATED AND DESIGNATED AS "PROPOSED 30 FOOT PRIVATE ROAD
EASEMENT" AND "EXISTING IRREVOCABLE OFFER OF DEDICATION ".
PARCEL C:
AN EASEMENT AND RIGHT OF WAY, TOGETHER WITH THE RIGHT TO GRANT TO OTHERS FOR
INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY .PURPOSES, OVER, UNDER, ALONG
AND ACROSS THE EASTERLY 20 FEET OF PARCELS 2 AND 3 OF SAID PARCEL MAP NO. 9508.
SAID EASEMENTS ARE DESIGNATED AND DELINEATED ON SAID PARCEL MAP NO. 9508 AS
"PROPOSED 20 FOOT PRIVATE ROAD EASEMENT."
PARCEL D:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER THAT PORTION OF
LOT 3 IN SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1, WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, AND OVER THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION. 32, TOWNSHIP 13 SOUTH;` RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WITHIN A STRIP OF LAND
40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID'SECTION 32; THENCE ALONG THE NORTH
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 32, SOUTH 89° 41' 40" EAST A DISTANCE OF 203.67 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 22 40' 50" WEST 334.94 FEET; THENCE SOUTH 20
40' 50" WEST 95.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE ` EASTERLY
HAVING _A RADIUS OF 900,00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 21 49' A DISTANCE OF 342.70 FEET; THENCE SOUTH 01 08' 10" EAST
121,10 FEET; THENCE SOUTH 05 31'46" WEST 486.17 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5000.00 FEET; THENCE ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 17 54'40" A DISTANCE OF 156.30 FEET; THENCE ,
SOUTH 12° 23' EAST 43.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL.ANGLE OF 14 07' 40" A DISTANCE OF 123,29 FEET; THENCE
SOUTH 01 44' 40" WEST 346.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 85.40 FEET; THENCE SOUTHERLY, SOUTHWESTERLY
AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81 21'20"
EXHIBIT A
(continued)
A DISTANCE OF 121.26 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 20 °' 57' A DISTANCE OF 73.13 FEET; THENCE
SOUTH 62° 09' WEST 79.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE'
NORTHERLY HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 38° 23` 10" A DISTANCE OF 200.99 FEET; THENCE
NORTH 79 27'50 WEST 279.37 FEET MORE OR LESS TO .A POINT ON THE WESTERLY LINE OF
SAID LOT 3 IN SECTION 5, SAID POINT BEING THE SOUTHEASTERLY CORNER OF THAT PARCEL
OF LAND DESCRIBED IN DEED TO PAULINE A. POLEN BY DEED RECORDED SEPTEMBER 7, 1955
IN BOOK 5783, PAGE 296 OF OFFICIAL RECORDS AND END OF THIS EASEMENT.
PARCEL E
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER THOSE PORTIONS OF
LOT 4, SECTION 5 AND LOTS 1, 2 AND 3 IN SECTION 6 .ALL IN TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WITHIN A
STRIP OF LAND -40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS.
FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY LINE OF SAID LOT 4, A DISTANCE OF 769.09 FEET
MORE OR LESS SOUTH 00° 15'20" WEST ALONG SAID EASTERLY LINE FROM THE NORTH LINE
OF SAID SECTION 5. SAID POINT BEING THE SOUTHEAST CORNER OF THAT PARCEL OF LAND
CONVEYED TO PAULINE A. POLEN, BY DEED RECORDED SEPTEMBER 7, 1955 IN BOOK 5783,
PAGE 296 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID POLEN'S
LAND NORTH 79° 27' 50" WEST 134.51 FEET MORE OR LESS TO AN ANGLE. POINT HEREIN;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 74 59' 20" WEST 326.48 FEET; ,
THENCE NORTH 69 59' 40" WEST 157.95 FEET; THENCE NORTH 62° 43' 20" WEST 134.51 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY HAVING
A RADIUS OF 70.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1`21 53' A DISTANCE OF 148.91
FEET, THENCE SOUTH 04° 36 1 20" EAST 133.76 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE RIGHT CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00 FEET; THENCE
SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE: THROUGH A CENTRAL
ANGLE OF 46` 56' 50" A DISTANCE OF 98:33 FEET TO THE BEGINNING OF A COMPOUND CURVE
HAVING A RADIUS OF 134.56 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 24 18' A DISTANCE OF 57.07 FEET TO THE
BEGINNING OF A COMPOUND CURVE , CONCAVE NORTHERLY HAVING A RADIUS' OF 333.87
FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE E OF
22° 36' 20" A DISTANCE OF 131.73 FEET; THENCE SOUTH 89 14' 50" WEST 63 Al FEET TO THE
BEGINNING OF A TANGENT CURVE: CONCAVE NORTHEASTERLY HAVING A RADIUS OF 150.00
FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 60" 55' A DISTANCE OF-1 59.48 FEET; THENCE NORTH 29 50' 10" WEST
150.63 FEET TO THIS BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL-ANGLE OF 26 03' 20" A DISTANCE OF 90.95 FEET;
THENCE NORTH 55 53' 3V' WEST. 57.96 FEET TO THE POINT OF BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 505.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE ` THROUGH A CENTRAL ANGLE OF 25 49' 30' A
DISTANCE OF 227.62 FEET; THENCE NORTH 300 04' WEST 68.82. FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 595.00
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 34 00' 30" A DISTANCE OF 353.17 FEET; THENCE NORTH 64 04.30" WEST 95.61 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 543.49 FEET; THENCE NORTHWESTERLY ALONG THE ARC' OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 20 05' A DISTANCE OF 190.50 FEET TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 300.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42 56'
40" A DISTANCE OF 2:04.86 FEET; THENCE SOUTH 52° 53'50" WEST 59.61 FEET; THENCE SOUTH
i000s
EXHIBIT A
(continued)
47 38' 30" WEST 145.00 FEET; THENCE SOUTH 51 47' 40" WEST 261.48 FEET; THENCE SOUTH
48° 47' 40" WEST 118.06 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 450.00 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 42' 40" A DISTANCE OF
178.37 FEET; THENCE SOUTH 26 0 05' WEST 123.85 FEET TO ENGINEER'S STATION 414 PLUS
63.76 FEET IN THE .CENTER LINE OF THE SAN' DIEGO AQUEDUCT; THENCE SOUTH 55 49' 20"
WEST 176.88 FEET; THENCE SOUTH 76° 43' 20" WEST 376.76 FEET; THENCE SOUTH 53 13' 20"
WEST 345.76 FEET; THENCE SOUTH 81 37' 50" WEST 607.74 FEET; THENCE SOUTH 18 26' 50"
WEST 161.56 FEET TO ITS INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY
NO. 335 AS CONVEYED TO THE COUNTY OF SAN DIEGO, BE DEED RECORDED JUNE 9, 1957 IN
BOOK 657, PAGE 228 OF OFFICIAL RECORDS.
THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO
TERMINATE IN THE EASTERLY LINE OF SAID LOT 4 OF SAID SECTION 5.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE BOUNDARIES
OF COUNTY ROAD SURVEY NO. 335.
PARCEL F:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ROAD AND PUBLIC
UTILITY PURPOSES TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER THE
SOUTHERLY 10.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER, THE NORTHERLY 10.00 FEET OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE EASTERLY 168.56 FEET OF
THE SOUTHERLY 10.00 FEET OF THE NORTHEAST QUARTER OF' THE - SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER AND THE EASTERLY 168.66 FEET OF THE NORTHERLY 10.00
FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER Of THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THOSE °PORTIONS LYING WITHIN PARCELS A AND B DESCRIBED
ABOVE.
r 00$
EXHIBIT B
RESOLUTION NO. P -04 -08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03 -08
TO ALLOW A SEATAINER TO BE USED FOR STORAGE AT 15462 MARKAR ROAD -
ASSESSOWS PARCEL NUMBER 278 - 180 -72
WHEREAS, Minor` Conditional Use Permit (MCUP) 03 -08 was submitted by Jan
Kremer, Applicant, to allow a seatainer to be used as storage for hay, grain, and farm
equipment. The subject property is located at 15462 Markar Road, within the Rural
Residential 132 (RR -62) zone, and;
WHEREAS, the proposed seatainer storage unit consists of one 40 -foot -long by 10-
foot -wide by 10 -foot tall container, and;
WHEREAS, on January 27, 2004, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as
follows:
Section 1 : The project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves the installation of a seatainer as a storage unit for an
existing single- family residence and involves negligible expansion of use beyond that
existing.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 03 -08 for a 400 square foot seatainer storage unit on property located at
15462 Markar Road in the Rural Residential B2 zone, are made as follows:
A. The proposed location, size, design, and characteristics of the proposed seatainer
storage unit are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, and
the development policies and standards of the City in that the seatainer has been
designed, sited and screened such that it will not result in visual impacts to the
surrounding neighborhood.
B. The location, size, design, and characteristics of the proposed seatainer storage unit
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural resources in that the
facility has been designed, sited and screened such that it will not result in visual
impacts to the surrounding neighborhood.
10
Resolution No. P -04 -08
Page 2
C. The proposed seatainer storage unit is in harmony with the scale, bulk, coverage
and density of, and is consistent with, adjacent uses in that the proposed storage
unit functions as ancillary equipment to the existing residence.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed seatainer storage unit on an existing developed
residential lot.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed seatainer storage unit has been designed and
sited such that it will not result in a visual impact to the surrounding community.
F. The seatainer storage unit will not generate traffic because it is an accessory use to
an existing residential use, thus it will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan.
G. The site is suitable for the type and intensity of use or development, which is
proposed in that the proposed seatainer storage unit allows the homeowners a cost
effective and secure storage unit,
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed ,seatainer storage unit is located on a developed
property and does not involve the removal of natural habitat resources.
I. That the potential impacts, and the proposed location, size, and design of the
proposed seatainer storage unit will not be materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan, in that the
facility has been designed and sited such that it will not result in visual impacts.
J. The proposed seatainer storage unit will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in that the facility has been designed
and sited such that it will not result in visual impacts.
Section 3 : The City Council hereby approves MCUP 03 -08 to allow a seatainer storage
unit, 40 -foot -long by 10- foot -wide by 10 - €oot -tall, at 15462 Markar Road, as shown on the
plans dated October 17, 2003, subject to the following conditions:
A. Approval of this MCUP request shah apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other applicable
City ordinances in effect at the time of Building Permit issuance.
l 10063
Resolution No. P -04- o8
Page 3
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and,
(2) the property owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of MCUP 03 -08 shall remain in effect for the life of the subject
seatainer storage unit, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. Upon establishment of the seatainer storage unit, pursuant to MCUP' 03 -08, the
following shall apply:
1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated October 17, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
2. All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as soon as reasonably possible so
as to minimize occurrences of dangerous conditions or visual blight. The
areas around the seatainer shall be kept clean and orderly, and shall
maintain an attractive appearance.
3. The owner of the property shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this permit.
4. All screening around the seatainer shall be maintained.
Se ion 4: The approval of MCUP 03 -08 shall expire on January 27, 2006, at 5 :00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCUP approval and the use has commenced prior to its expiration.
100640
Resolution No. P-04-08
Page 4
} PASSED, ADOPTED and APPROVED by the City Council of the City. of Poway,
State of California, this 27th day of January 2004.
Michael P. Cafagn a r
ATTEST:
L City 'lerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
1, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P -04- 08 , was duly adopted by
the City Council at a meeting of said City Council held on the 27th day of January 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE`
4 ornne Peoples, City C rk
City of Poway